LAWS(ALL)-2013-2-222

KEWAL KRISHNA KHOSLA Vs. ADDITIONAL DISTRICT JUDGE XIVTH

Decided On February 20, 2013
Kewal Krishna Khosla Appellant
V/S
Additional District Judge Xivth Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has arisen from the order dated 11.4.1996 passed by Civil Judge (Junior Division) North, Lucknow rejecting petitioner's objection under Section 47, C.P.C. in Execution Case No. 22 of 1993 and the order dated 18.11.1997 passed by XIVth Additional District Judge, Lucknow dismissing petitioner's Civil Revision No. 52 of 1996 and confirming executing court's order dated 11.4.1996. The facts, in brief, giving rise to the present dispute may be narrated as under.

(2.) A partnership came in existence on 21.5.1965 between Kewal Krishna Khosla, petitioner (now deceased and substituted by his heirs and legal representatives) and Som Nath (now deceased and substituted by his heirs and legal representatives) to carry on business of medicines and allied goods in the name and title of "M/s. Chemical Traders". The business was to run in a shop forming part of building situate at Tulsidas Marg Chowk, Lucknow, owned by Som Nath. He (Som Nath) instituted Suit No. 134 of 1978 seeking following reliefs:

(3.) Pleading in the plaint are that plaintiff, Som Nath had communicated dissolution of partnership vide notice dated 1.3.1978 submitted to Kewal Krishna Khosla and thus rendition of accounts and restoration of individual partner's property was necessary.